Repromulgation of ordinances “fraud” on the Constitution: SC

NEW DELHI: Repromulgation of ordinances is a “fraud” on the Constitution and a sub-version of democratic legislative processes, especially when the Government persistently avoids the placing the ordinances before the legislature, the Supreme Court today ruled.

A seven-judge Constitution bench, by a majority of 6:1, held that repromulgation is constitutionally “impermissible” and “defeats constitutional scheme” under which a limited power to frame ordinances has been conferred upon the President and the Governors.

Justice D Y Chandrachud, who wrote the majority verdict on behalf of Justices S A Bobde, A K Goel, U U Lalit and L Nageswara Rao, said, “The failure to comply with the requirement of laying an ordinance before the legislature is a serious constitutional infraction and abuse of the constitutional process.”

“Repromulgation of ordinances is a fraud on the Constitution and a sub-version of democratic legislative processes,” Justice Chandrachud said.

Chief Justice T S Thakur, who wrote a concurrent but separate judgement, said that “repeated repromulgation of the ordinances was a fraud on the Constitution especially when the government of the time appears to have persistently avoided the placement of the ordinances before the legislature”.

The lone dissenting judge, Justice M B Lokur, was of the opinion that the repromulgation of an ordinance by the Governor of a state is not per se a fraud on the Constitution. (AGENCIES)